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Tutorial 5 Ans (Business Law)

Tutorial 5 Ans (Business Law) - 1 They have a valid...

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1. They have a valid contract. Issue: Is the exclusion clause a term of the contract? Rule: Reasonable notice. Notice of exclusion clause prior to contract ( Olley v Marlborough Court ). Ticket is a contractual document ( Illiad ) ( Parker v Southeast Railway ). Not misrepresented ( Curfis v Chemical Cleaning ). Not an unusual term ( Baltic Shipping ). There was reasonable notice. Next Issue: Does the exclusion clause cover the breach? Contra proferentum Negligence rule. Four corners rule ( Sydney City Council v West ). 3. Note: Ignore Consumer Australian Law (stated by the question). Problem: Late delivery? Problem: Ready-to-go? Looks like both problems are breaches of warranty (because Peter has remedied it by sending it to the mechanic to get it fixed & late delivery [Peter uses it after it was
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Unformatted text preview: fixed and delivered]). Entitles Peter to damages. Problem: Unable to harvest one hectare a day. Rule: Parol Evidence Rule. Reason: • Promissory. “believe me” emphasizes the statement ( Oscar Chess ). • Important. Peter explained his plans to Jack the manager. • Written. (not written) • Special knowledge. He’s the manager and in addition he emphasized on the capacity on the machine. • Close in time. He signed a contract shortly after the statement ( Van der Esschert v Chappel ). It’s a term, an intermediate term, therefore a condition. Looks like this condition goes into the fundamental/essence of the contract (repudiation of the contract is assumed). A breach of condition entitled Peter to termination of contract and damages....
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